What to Expect When You Are Being Sued — Questions and Answers Regarding Collection Lawsuits Answers are up next So you have been sued by a debt collector (debt buyer) — Asset Acceptance, CACH, Cascade, LVNV Funding, Midland Funding, Portfolio Recovery, Unifund, Velocity, etc. and you have been served with the summons. Or perhaps you are receiving letters from lawyers or non lawyers telling you that you are being sued — what do you do? Our goal is to help… (Read more)
The video above is quite comprehensive but we realize some folks prefer to read rather than watch a video so we have the transcript below. Feel free to watch (or listen — the slides are not critical to understand the presentation) or read — whatever your preference is…. And I realize you may rather just pick up the phone and call us — feel free to do this by calling 205-879-2447 and we’ll be happy to chat with you. You… (Read more)
“What should I do if I have been sued on a debt that I’ve already paid off?” You’ve paid off a debt that you may have owed, and there’s a sense of relief. You’re done with the debt collector (or original creditor), and you can breathe easy now. However, 6 months later (maybe even a year later), you’re served with a lawsuit from the same collector for the same amount that you paid in the past. What should you do… (Read more)
“What is a consent judgment, and why is it bad to agree to it in my debt collection lawsuit?” So you’re dealing with a debt collection lawsuit and you’re talking to the collection lawyer about potentially settling your case, which is definitely one of your 5 options. The collection attorney says, “Great, I need you to sign this consent judgment and we can settle this case. Then you can either make your payments or do a lump sum, and we… (Read more)
Why is it so critical to tell the truth and not guess when I’m testifying in a debt collection lawsuit?
“Why is it so critical to tell the truth and not guess when I’m testifying in a debt collection lawsuit?” So you’re in a debt collection lawsuit, you have a trial coming up, and you’re probably wondering how you testify in this case. What should I do if I don’t know the answer to the question they ask? Here’s the bottom line. Tell the truth. Everything we talk about in this article is based on this fact. That means that… (Read more)
“Will the judge swear me in when I give testimony in my Alabama debt collection lawsuit?” So you’ve been sued by a debt collector. You’re facing trial, and you’re wondering if the judge will swear you in at trial if you give a testimony. Yes, the judge will ask you to raise your hand and ask you to swear/affirm that you’re telling the truth. The reason for being sworn comes from a set of rules called, “rules of evidence.” Basically,… (Read more)
Let’s say that you have a first mortgage. This is also your main mortgage, and you have a second mortgage. Then you go through some hard times, and the first mortgage forecloses on you. You don’t have to pay off the second mortgage, and once the foreclosure happens you don’t own the property anymore. This makes the second mortgage an unsecured debt since there’s no dirt to tie to the debt. Naturally, the question is asked, “Can I be sued… (Read more)